Terms of Service
Read this carefully. By creating an account or using Emper, you agree to these Terms. If you don't agree, please don't use the Service. These Terms include a limitation of liability and other important provisions that affect your legal rights.
1. Eligibility
You must be at least 18 years old and legally able to enter into a binding contract to use Emper. By using the Service, you confirm that:
- You are 18 or older.
- You can legally form a binding contract with us.
- You are not barred from using the Service under the laws of your jurisdiction.
- You have not previously been removed from Emper for violations of these Terms.
- You are not a registered sex offender or convicted of a serious or violent crime.
2. Your account
- You may only create one account, in your own name, using accurate information.
- You are responsible for all activity that occurs under your account.
- Keep your login credentials confidential. Notify us immediately at support@emper.fun if you suspect unauthorized access.
- We may suspend or terminate accounts that violate these Terms or pose a risk to other members.
3. Acceptable use
You agree not to:
- Use the Service to harass, threaten, stalk, defame, or otherwise harm any person.
- Post or share nudity, sexually explicit content, or content depicting violence, hate, illegal activity, or weapons.
- Impersonate any person or misrepresent your identity, age, or affiliation.
- Use the Service for commercial solicitation, prostitution, escort services, "sugar" transactional arrangements involving money for sex, or any other illegal commercial activity.
- Send spam, chain messages, or unsolicited promotional content.
- Upload viruses, malware, or other harmful code.
- Scrape, crawl, or otherwise access the Service by automated means without our prior written permission.
- Reverse-engineer, decompile, or attempt to extract the source code of the Service.
- Use the Service to recruit, sell to, or solicit other members.
- Violate any applicable law or regulation.
4. User content
You retain ownership of the photos, messages, profile information, and other content you submit ("User Content"). By posting User Content, you grant Emper a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (for technical purposes such as resizing photos), publicly display, and distribute your User Content solely as necessary to operate, promote, and improve the Service.
You represent and warrant that you own or have the necessary rights to your User Content and that it does not violate these Terms or any third party's rights.
We may remove User Content that violates these Terms or is otherwise objectionable in our reasonable discretion, with or without notice.
5. Subscriptions and payments
Emper offers optional paid subscriptions (e.g. Gold, Platinum) for premium features. Subscriptions are purchased through and managed by the Apple App Store or Google Play, in accordance with their terms.
- Auto-renewal: Subscriptions automatically renew at the end of each period unless you cancel at least 24 hours before the renewal date. Your payment method on file with Apple or Google will be charged for each renewal.
- Managing or cancelling: Manage and cancel your subscription in your Apple ID account settings or Google Play account. Uninstalling the app alone does not cancel your subscription.
- Refunds: All purchases are final and non-refundable except as required by applicable law or by Apple's or Google's refund policies. Contact Apple or Google directly for refund requests.
- Price changes: We may change subscription prices. We will notify you in advance, and your continued subscription after the change takes effect constitutes acceptance.
- Free trials (if offered) automatically convert to paid subscriptions unless cancelled before the trial ends.
6. Safety, but no guarantees
Emper is a platform for connecting people. We do not conduct background checks on our members beyond identity-photo verification. You are solely responsible for your interactions with other members, both online and offline. We strongly recommend:
- Meeting in public places.
- Telling a friend where you'll be.
- Never sending money or sharing financial information.
- Reporting suspicious or harmful behavior in-app.
Use common sense. Trust your instincts. We are not responsible for the conduct of other members.
7. Termination
You may delete your account at any time from the in-app settings, or by emailing support@emper.fun.
We may suspend or terminate your access to the Service immediately, without notice, if we reasonably believe you have violated these Terms, created a risk for us or others, or for any other reason at our discretion. Upon termination, Sections 4 (license you grant), 9 (disclaimers), 10 (limitation of liability), 11 (indemnification), and 13 (governing law) survive.
8. Changes to the Service
We are continually improving Emper. We may add, change, or remove features, or discontinue the Service entirely, at any time.
9. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) RESULTS OBTAINED FROM USING THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION OBTAINED THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
10. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EMPER, ITS OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) US $100.
11. Indemnification
You agree to defend, indemnify, and hold harmless Emper and its affiliates from and against any claims, damages, liabilities, costs, or expenses (including reasonable attorneys' fees) arising out of or related to your User Content, your use of the Service, or your breach of these Terms.
12. Apple App Store EULA — additional terms
If you downloaded Emper from the Apple App Store, the following additional terms apply:
- These Terms are between you and Emper only, not Apple. Apple is not responsible for the Service or its content.
- Your license is non-transferable and limited to use on Apple-branded devices you own or control, as permitted by the App Store Terms of Service.
- Apple has no obligation to provide maintenance or support for the Service.
- If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation regarding the Service.
- Apple is not responsible for addressing any claims by you or any third party relating to the Service.
- In the event of any third-party claim that the Service or your use of it infringes that party's intellectual property rights, Emper (not Apple) is solely responsible for investigation, defense, settlement, and discharge of the claim.
- You represent that you are not located in a country subject to a U.S. Government embargo and are not on any U.S. Government list of prohibited or restricted parties.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and have the right to enforce them against you.
13. Governing law and dispute resolution
These Terms are governed by the laws of [Your Jurisdiction, e.g. State of Delaware, USA], without regard to its conflict-of-law principles. Any dispute arising out of or relating to these Terms or the Service shall be resolved in the courts located in [Your Jurisdiction], and you consent to personal jurisdiction in those courts.
[If you intend to require arbitration or include a class-action waiver, insert that clause here with help from a lawyer. Some jurisdictions limit or prohibit such clauses.]
14. Miscellaneous
- Entire agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Emper regarding the Service.
- Severability. If any provision is held unenforceable, the remaining provisions remain in full force and effect.
- No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
- Assignment. You may not assign these Terms. We may assign them in connection with a sale, merger, or acquisition.
15. Contact
Email: support@emper.fun
Mail: [Your Company Legal Name], [Registered Address]